# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Abf2f709969f47b48 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 254 Oneida Business Committee Executive Session 10:00 AM Tuesday, January 21, 2020 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, January 22, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. I. CALL TO ORDER II. OPENING A. Special recognition for years of service Sponsor: Geraldine Danforth, Area Manager/Human Resources B. Presentation of grants to Exxon/Mobil Education Alliance program recipients Sponsor: Michele Doxtator, Area Manager/Retail Profits III. ADOPT THE AGENDA IV. OATH OF OFFICE V. A. Oneida Nation Arts Board - Amy L. Wilde Sponsor: Lisa Summers, Secretary B. Oneida Election Board Ad Hoc Committee (GTC duties) - Candace House, Kalene White, and Tonya Webster Sponsor: Lisa Summers, Secretary MINUTES A. Approve the Janaury 8, 2020, regular Business Committee meeting minutes Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 5 January 22, 2020 Public Packet VI. VII. VIII. 2 of 254 RESOLUTIONS A. Adopt resolution entitled Modifying the Oneida Business Committee Regular Meeting Schedule Sponsor: Lisa Summers, Secretary B. Adopt resolution entitled Real Property Law Emergency Amendments Sponsor: David P. Jordan, Councilman APPOINTMENTS A. Determine next steps regarding one (1) vacancy - Oneida Airport Hotel Corporation Board of Directors Sponsor: Lisa Summers, Secretary B. Determine next steps regarding three (3) vacancies - Oneida Youth Leadership Institute Board Sponsor: Lisa Summers, Secretary STANDING COMMITTEES A. B. IX. FINANCE COMMITTEE 1. Accept the December 30, 2019, regular Finance Committee meeting minutes Sponsor: Trish King, Treasurer 2. Accept the January 13, 2020, regular Finance Committee meeting minutes Sponsor: Trish King, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. Accept the December 18, 2019, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Sanctions and Penalties for Elected Officals law materials and add to the tentatively scheduled March 16, 2020, special General Tribal Council meeting agenda Sponsor: David P. Jordan, Councilman TRAVEL REPORTS A. Approve the travel report - Councilman Kirby Metoxen - 2020 AIANTA Board retreat Palm Springs, CA - January 6-9, 2020 Sponsor: Kirby Metoxen, Councilman Oneida Business Committee Regular Meeting Agenda Page 2 of 5 January 22, 2020 Public Packet X. XI. 3 of 254 TRAVEL REQUESTS A. Approve the travel request - Councilman David P. Jordan - Census 2020 Tribal Forum - Milwaukee, WI - January 22-23, 2020 Sponsor: David P. Jordan, Councilman B. Approve the travel request - Councilman David P. Jordan - Tribal Transportation Program Coordinating Committee conference - Albuquerque, NM - February 3-7, 2020 Sponsor: David P. Jordan, Councilman C. Approve the travel request - Up to three (3) Business Committee members - MAST Impact Week 2020 - Washington DC - March 16-21, 2020 Sponsor: Lisa Summers, Secretary D. Approve the travel request - Councilwoman Jennifer Webster - Administration of Children & Families Tribal Advisory Committee meetings - March-December 2020 Sponsor: Jennifer Webster, Councilwoman NEW BUSINESS A. Approve the agreement - Outagamie County Department of Health and Human Services - file # 2020-0057 Sponsor: Debbie Thundercloud, General Manager B. Review the Poker Rules of Play and determine appropriate next steps Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission C. Review five (5) Rules of Play and determine appropriate next steps Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission 1. EZ Baccarat 2. Four Card Poker 3. Mississippi Stud 4. Ultimate Texas Hold’em 5. Roulette D. Review the Surveillance (Chapter 15) Oneida Gaming Minimum Internal Controls and determine appropriate next steps Sponsor: Mark A. Powless Sr., Chair, Oneida Gaming Commission E. Review the Card Games (Chapter 9) Oneida Gaming Minimum Internal Controls and determine appropriate next steps Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission F. Re-post one (1) vacancy - Oneida Community Library Board Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 3 of 5 January 22, 2020 Public Packet XII. XIII. 4 of 254 GENERAL TRIBAL COUNCIL A. Approve four (4) requested actions - Petitioner Nancy Dallas re: Hold on building Sponsor: Lisa Summers, Secretary B. Approve four (4) requested actions - Petitioner Nancy Dallas re: Make a funeral home Sponsor: Lisa Summers, Secretary C. Approve the notice and the packet for the March 16, 2020, tentatively scheduled special GTC meeting Sponsor: Lisa Summers, Secretary EXECUTIVE SESSION A. REPORTS 1. Accept the Community and Economic Development Division FY-2020 1st quarter executive report (11:30 a.m.) Sponsor: Debbie Thundercloud, General Manager 2. Accept the Comprehensive Health Division FY-2020 1st quarter executive report (1:30 p.m.) Sponsor: Debbie Thundercloud, General Manager 3. Accept the Comprehensive Housing Division FY-2020 1st quarter executive report (2:00 p.m.) Sponsor: Debbie Thundercloud, General Manager 4. Accept the Environmental, Health, Safety and Land Division FY-2020 1st quarter executive report (2:30 p.m.) Sponsor: Debbie Thundercloud, General Manager 5. Accept the Governmental Services Division FY-2020 1st quarter executive report (3:00 p.m.) Sponsor: Debbie Thundercloud, General Manager 6. Accept the Internal Services Division FY-2020 1st quarter executive report (3:30 p.m.) Sponsor: Debbie Thundercloud, General Manager 7. Accept the Public Works Division FY-2020 1st quarter executive report (4:00 p.m.) Sponsor: Debbie Thundercloud, General Manager 8. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 9. Accept the General Manager report Sponsor: Debbie Thundercloud, General Manager Oneida Business Committee Regular Meeting Agenda Page 4 of 5 January 22, 2020 Public Packet 5 of 254 10. B. C. XIV. Accept the Intergovernmental Affairs, Communications, and Self-Governance January 2020 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs AUDIT COMMITTEE 1. Determine next steps regarding the Information Technology Compliance Audit follow-up request Sponsor: David P. Jordan, Councilman 2. Determine next steps regarding the Tickets & Merchandise Distribution follow-up audit Sponsor: David P. Jordan, Councilman NEW BUSINESS 1. Review application(s) for one (1) vacancy - Oneida Airport Hotel Corporation Board of Directors Sponsor: Lisa Summers, Secretary 2. Review application(s) for three (3) vacancies - Oneida Youth Leadership Institute Board Sponsor: Lisa Summers, Secretary 3. Review and approve 2020 Annual Project Targets with BC DR10 Sponsor: OBC Officers 4. Approve the attorney contract - Hobbs Straus Dean and Walker LLP - file # 2019-1383 Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 5 of 5 January 22, 2020 Public Packet Special recognition for years of service 6 of 254 Public Packet 7 of 254 Public Packet 8 of 254 1st Quarter Years of Service Recipients October - December, FY 2020 Name Emp # Supervisor Name ADOH Years CLUCKEY,RICHARD D 763 BUCKLEY,JOANIE L Oct 15, 1984 35 METOXEN,BARBARA R 5562 SMITH,DELIA M Oct 16, 1984 35 KING,ELLEN 405 NINHAM,JEANETTE L Oct 29, 1984 35 SKENANDORE,SARA A 2599 ANDERSON,JENNIFER J Oct 1, 1994 25 LAWE,JESSIE P 5801 SKENANDORE,JR,ARTLEY M Oct 3, 1994 25 CHARLES,ROXANNE L 8165 DANFORTH,SUSAN M Oct 4, 1994 25 KRIESCHER,MARI J 1954 VIR,RAVINDER Oct 5, 1994 25 RICHMOND,COREY J 8090 REED,WILLIAM J Nov 13, 1994 25 BECKER,LAURIE J 2860 BERG-HARGROVE,JENNIFER S Nov 21, 1994 25 SKENANDORE,TANYA M 2862 TORREZ,THERESA M Dec 7, 1994 25 JOHNSON,BERNARD W 3119 SMITH,WESLEY J Dec 21, 1994 25 Declined Declined - Blanket #2 Declined - Blanket #3 Yes - Blanket #1 Yes - Blanket #3 Declined - Blanket #3 Yes - Blanket #3 Yes - Blanket #3 Yes - Blanket #2 Yes - Blanket #1 Rem sent 12-13, 12-20, 1-2 Public Packet 9 of 254 Presentation of grants to Exxon/Mobil Education Alliance program recipients Approved by: Michele Doxtator, Area Manager/Retail Profits Public Packet 10 of 254 Public Packet 11 of 254 Oneida Business Committee Agenda Request Oneida Nation Arts Board - Amy L. Wilde 1. Meeting Date Requested: 1 / 22 / 20 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Amy L. Wilde for the Oneida Nation Arts Board. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 12 of 254 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: On January 8, 2020 the Oneida Business Committee appointed Amy L. Wilder to the Oneida Nation Arts Board. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet 13 of 254 Oneida Business Committee Agenda Request Oneida Election Board Ad Hoc Committee (GTC duties) - Candace House, Kalene White, and Tonya... 1. Meeting Date Requested: 1 / 22 / 20 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Candace House, Kalene White, and Tonya Webster for the Oneida Election Board Ad Hoc Committee. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 14 of 254 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: On January 8, 2020 the Oneida Business Committee appointed Candace House, Kalene White, and Tonya Webster to the Oneida Election Board Ad Hoc Committee. According to the Oneida Election Board bylaws §2-6 (c) Upon appointment, members of the Ad Hoc Committee must take an oath during a regular or special meeting of the Oneida Business Committee. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet 15 of 254 Approve the Janaury 8, 2020, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 01/22/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☒ Minutes ☐ Fiscal Impact Statement ☐ Report ☐ Other: Describe ☐ Resolution ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Summers, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 16 of 254 DRAFT Oneida Business Committee Executive Session 8:30 AM Tuesday, January 07, 2020 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, January 08, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Council members: David P. Jordan, Ernie Stevens III, Jennifer Webster; Not Present: Council members: Daniel Guzman King and Kirby Metoxen; Arrived at: Vice-Chairman Brandon Stevens at 8:32 a.m.; Others present: Jo Anne House, Larry Barton, Lisa Liggins; REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: Council members: Daniel Guzman King and Kirby Metoxen; Arrived at: Secretary Lisa Summers at 9:02 a.m.; Others present: Jo Ann House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Katrina Mungo, Florence Petri, Delia Smith, Don Miller, Michelle Gordon, Lois Strong, Marlene Summers, Carey Gleason, Brandon Wisneski, Clorissa Santiago, Melanie Burkhart, Racquel Hill, James Petitjean, Paul Witek, Laura Laitinen-Warren, Brooke Doxtator, Trina Schuyler; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:31 a.m. For the record: Secretary Lisa Summers will be arriving late. Councilmembers Daniel Guzman King and Kirby Metoxen are on pre-approved vacation. II. OPENING Opening provided by Chairman Tehassi Hill. III. ADOPT THE AGENDA (00:04:00) Motion by Jennifer Webster to adopt the agenda with three (3) noted changes [1) under New Business, add item G. Approve a limited waiver of sovereign immunity - Brown County-Human Services Department documents - file # 2019-1129; 2) delete item IV.B. Determine next steps regarding eight (8) alternate vacancies - Oneida Election Board; and 3) delete item XI.C.2. Review application(s) for eight (8) alternate vacancies - Oneida Election Board], seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 1 of 14 January 08, 2020 Public Packet 17 of 254 DRAFT IV. MINUTES A. Approve the December 4 and 6, 2019, special Business Committee meeting minutes (00:06:52) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to approve the December 4 and 6, 2019, special Business Committee meeting minutes, seconded by Brandon Stevens. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers B. Approve the December 11, 2019, regular Business Committee meeting minutes (00:07:14) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to approve the December 11, 2019, regular Business Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers C. Approve the December 13, 2019, special Business Committee meeting minutes (00:07:40) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to approve the December 13, 2019, special Business Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 2 of 14 January 08, 2020 Public Packet 18 of 254 DRAFT V. RESOLUTIONS A. Adopt resolution entitled 2019 InterTribal Buffalo Council, Buffalo Herd Development Grant (00:08:07) Sponsor: Trish King, Treasurer Motion by Ernie Stevens III to adopt resolution 01-08-20-A 2019 InterTribal Buffalo Council, Buffalo Herd Development Grant, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers B. Adopt resolution entitled FY2020-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP) - file # 2019-1336 (00:08:57) Sponsor: Debbie Thundercloud, General Manager Motion by David P. Jordan to adopt resolution 01-08-20-B FY2020-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP), seconded by Brandon Stevens. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers C. Adopt resolution entitled Community Action Board - Alzheimer and Dementia Proposed Research Project (00:10:57) Sponsor: Florence Petri, Chair/Oneida Nation Commission on Aging Secretary Lisa Summers arrived at 9:02 a.m. Motion by Jennifer Webster to defer the request regarding the Alzheimer and Dementia Proposed Research Project to the Oneida Health Center [Director of Comprehensive Health Operations] to be processed per BC resolution # 05-08-19-A Research Requests: Review and Approval to Conduct, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Jennifer Webster Abstained: Lisa Summers Not Present: Daniel Guzman King, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 3 of 14 January 08, 2020 Public Packet 19 of 254 DRAFT D. Adopt resolution entitled Amendments to the Child Support Law (00:31:32) Sponsor: David P. Jordan, Councilman Motion by Lisa Summers to defer this item until the Business Committee can have a conversation, in either a BC work session or special BC work session, about the principles of the Administrative Rulemaking law and how they're applied, seconded by Brandon Stevens. Motion failed: Ayes: Lisa Summers Opposed: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen Motion by Brandon Stevens to adopt resolution 01-08-19-C Amendments to the Child Support Law, striking section 704.16-2.(c) [lines 1235-1237] and forward the discussion regarding Administrative Rulemaking to a BC Work Session, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Jennifer Webster Opposed: Lisa Summers Not Present: Daniel Guzman King, Kirby Metoxen For the record: Secretary Lisa Summers stated I'm going to oppose the motion and, again, not necessarily because I don't appreciate the work or the time that's been put into bringing everything up to speed, but I don't think that I'm in agreement with the rules being put back into the law. For that reason, I'm going to oppose this motion. Once we adopt this, it's going to be a process for us to make any more amendments that we need for those little changes that are going to have to happen. We're going to have this same conversation again in a work session; we're going to talk about how difficult it is to have little minor changes administratively or things that need to be done by the administrative body. By that time, it's going to be too late. For the record: Vice-Chairman Brandon Stevens stated I agree with Secretary Lisa's comments, up until the very last comment. It still can be rectified, but it is going to be a process. I think part of the conversation is making sure we all have an understanding about the implementation of the Administrative Rulemaking law and when that should and shouldn't apply. E. Enter the e-poll results into the record regarding the adopted resolution # 12-1219-A FY 2019-2020 IDEA Early Intervention for Infants and Toddlers Application (01:45:55) Sponsor: Lisa Summers, Secretary Councilwoman Jennifer Webster left at 10:17 a.m. Motion by Lisa Summers to adopt Enter the e-poll results into the record regarding the adopted resolution # 12-12-19-A FY 2019-2020 IDEA Early Intervention for Infants and Toddlers Application, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, Kirby Metoxen, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 4 of 14 January 08, 2020 Public Packet 20 of 254 DRAFT VI. APPOINTMENTS A. Determine next steps regarding one (1) vacancy - Oneida Nation Arts Board (01:46:15) Sponsor: Lisa Summers, Secretary Treasurer Trish King left at 10:19 a.m. Motion by David P. Jordan to accept accept the selected the applicant and appoint Amy L. Wilde to the Oneida Nation Arts Board with a term ending February 28, 2022;, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster B. Determine next steps regarding eight (8) alternate vacancies - Oneida Election Board Sponsor: Lisa Summers, Secretary Item deleted at the adoption of the agenda. C. Determine next steps regarding ten (10) ad hoc vacancies - Oneida Election Board (01:47:40) Sponsor: Lisa Summers, Secretary Motion by Brandon Stevens to accept the selected the applicant(s) and appoint Candace House, Kalene White, and Tonya Webster, as ad hoc members for the Oneida Election Board, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Brandon Stevens, Ernie Stevens III Opposed: Lisa Summers Not Present: Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster Motion by Brandon Stevens to re-post the remaining seven (7) ad hoc vacancies for the Oneida Election Board, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster Councilwoman Jennifer Webster returned at 10:20 a.m. Oneida Business Committee Regular Meeting Minutes Page 5 of 14 January 08, 2020 Public Packet 21 of 254 DRAFT VII. STANDING COMMITTEES A. FINANCE COMMITTEE 1. Accept the December 2, 2019, regular Finance Committee meeting minutes (01:49:00) Sponsor: Trish King, Treasurer Treasurer Trish King returned at 10:21 a.m. Motion by Jennifer Webster to accept the December 2, 2019, regular Finance Committee meeting minutes, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen 2. Accept the December 16, 2019, regular Finance Committee meeting minutes (01:49:58) Sponsor: Trish King, Treasurer Motion by Jennifer Webster to accept the December 16, 2019, regular Finance Committee meeting minutes, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen B. LEGISLATIVE OPERATING COMMITTEE 1. Accept the December 18, 2019, regular Legislative Operating Committee meeting minutes (01:50:21) Sponsor: David P. Jordan, Councilman Motion by Trish King to accept the December 18, 2019, regular Legislative Operating Committee meeting minutes, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen C. QUALITY OF LIFE COMMITTEE 1. Accept the November 14, 2019, regular Quality of Life Committee meeting minutes (01:50:50) Sponsor: Brandon Stevens, Vice-Chairman Motion by David P. Jordan to accept the November 14, 2019, regular Quality of Life Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 6 of 14 January 08, 2020 Public Packet 22 of 254 DRAFT VIII. TRAVEL REPORTS A. Approve the travel report - Councilwoman Jennifer Webster - Indian Health Care Improvement Fund (IHCIF) - Arlington, VA - March 11-13, 2019 (01:51:20) Sponsor: Jennifer Webster, Councilwoman Motion by Lisa Summers to approve the travel report from Councilwoman Jennifer Webster for the Indian Health Care Improvement Fund (IHCIF) in Arlington, VA - March 11-13, 2019, seconded by Brandon Stevens. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers Abstained: Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen B. Approve the travel report - Secretary Lisa Summers and Councilwoman Jennifer Webster - 2019 Self-Governance Consultation Conference - Traverse City, MI April 1-5, 2019 (01:51:46) Sponsor: Jennifer Webster, Councilwoman Motion by David P. Jordan to approve the travel report from Secretary Lisa Summers and Councilwoman Jennifer Webster for the 2019 Self-Governance Consultation Conference in Traverse City, MI - April 1-5, 2019, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen C. Approve the travel report – Councilwoman Jennifer Webster – Tribal Self Governance Advisory Committee meeting - Washington DC - July 14-16, 2019 (01:52:48) Sponsor: Jennifer Webster, Councilwoman Motion by Lisa Summers to accept the travel report from Councilwoman Jennifer Webster for the Tribal Self Governance Advisory Committee meeting in Washington DC - July 14-16, 2019, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen D. Approve the travel report - Councilwoman Jennifer Webster - 2019 SelfGovernance Professionals Workshop & Strategy Session - Maricopa, AZ September 8-13, 2019 (01:53:13) Sponsor: Jennifer Webster, Councilwoman Motion by Lisa Summers to approve the travel report from Councilwoman Jennifer Webster for the 2019 Self-Governance Professionals Workshop & Strategy Session in Maricopa, AZ - September 8-13, 2019, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 7 of 14 January 08, 2020 Public Packet 23 of 254 DRAFT E. Approve the travel report - Chairman Tehassi Hill, Secretary Lisa Summers, and Councilman Daniel Guzman King - National Congress of American Indians 76th Annual Convention & Marketplace - Albuquerque, NM - October 20-24, 2019 (01:53:45) Sponsor: Tehassi Hill, Chairman Motion by Jennifer Webster to approve the travel report from Chairman Tehassi Hill, Secretary Lisa Summers, and Councilman Daniel Guzman King for the National Congress of American Indians 76th Annual Convention & Marketplace in Albuquerque, NM - October 20-24, 2019, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen F. Approve the travel report - Councilman Ernie Stevens III - Hemp Interim Final RuleTribal Consultation - Las Vegas, NV - December 10-12, 2019 (01:55:50) Sponsor: Ernie Stevens III, Councilman Motion by David P. Jordan to approve the travel report from Councilman Ernie Stevens III for the Hemp Interim Final Rule-Tribal Consultation in Las Vegas, NV - December 10-12, 2019, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen IX. TRAVEL REQUESTS A. Approve the travel request in accordance with § 219.16-1 - Up to nine (9) Business Committee members - Litigation oral arguments - Chicago, IL (02:00:30) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to approve the travel request in accordance with § 219.16-1 for up to nine (9) Business Committee members to attend the litigation oral arguments in Chicago, IL [date/time to be determined], seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen B. Enter the e-poll results into the record regarding the approved travel request for Secretary Lisa Summers to attend the Tribal Caucus Meeting in Nekoosa, WI December 11-12, 2019 (02:01:33) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to enter the e-poll results into the record regarding the approved travel request for Secretary Lisa Summers to attend the Tribal Caucus Meeting in Nekoosa, WI - December 11-12, 2019, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 8 of 14 January 08, 2020 Public Packet 24 of 254 DRAFT X. NEW BUSINESS A. CIP # 07-009 Building Demolitions - Approve the CIP Package Amendment (02:02:02) Sponsor: Debbie Thundercloud, General Manager Councilman Ernie Stevens III left at 10:33 a.m. Councilman Ernie Stevens III returned at 10:43 a.m. Motion by Jennifer Webster to approve CIP Package Amendment for project CIP #07-009 Building Demolitions, seconded by Brandon Stevens. Motion carried: Ayes: Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Abstained: David P. Jordan Not Present: Daniel Guzman King, Kirby Metoxen Motion by Lisa Summers that the subject of how to process the carry over monies from the CIP that the Treasurer has brought up be deferred back to the Treasurer's Office to complete appropriate follow-up on that subject as necessary. Motion withdrawn. B. CDC # 04-022 Public Transit Garage - Approve two (2) actions (02:17:47) Sponsor: Debbie Thundercloud, General Manager Motion by Brandon Stevens to approve a procedural exception to forgo the Phase II of the CIP process of routing the CDC Package to the various review entities and to approve the CDC Package for project CDC # 04-022 Public Transit Garage, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen C. Determine next steps regarding the 2020 Special Election (02:32:53) Sponsor: Vicki Cornelius, Chair/Oneida Election Board Motion by Lisa Summers to accept the memorandum from the Oneida Election Board as information only and that the OBC liaisons work with them [the Oneida Election Board] on appropriate commuication for next steps, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 9 of 14 January 08, 2020 Public Packet 25 of 254 DRAFT D. Approve two (2) actions regarding BC resolution # 05-08-19-B (02:36:13) Sponsor: Vicki Cornelius, Chair/Oneida Election Board Councilman David P. Jordan left at 11:15 a.m. Councilman David P. Jordan returned at 11:17 a.m. Motion by Jennifer Webster to defer the request the Legislative Operating Committee to bring an amendment to BC resolution # 05-08-19-B for consideration, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen E. Approve the memorandum of understanding addendum appendix B - Between the State of WI, Department of Children and Families, Bureau of Child Support and the Oneida Nation - file # 2019-0668 (02:47:18); (03:04:45) Sponsor: Debbie Thundercloud, General Manager Motion by Jennifer Webster to approve a limited waiver of sovereign immunity for the memorandum of understanding addendum appendix B - Between the State of WI, Department of Children and Families, Bureau of Child Support and the Oneida Nation - file # 2019-0668 and authorize the Chairman to sign, seconded by Brandon Stevens. Motion carried1: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen Motion by David P. Jordan to table this item, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Abstained: Brandon Stevens Not Present: Daniel Guzman King, Kirby Metoxen Item X.F. is addressed next. Motion by Lisa Summers to take this item from the table, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen Voting on the pending motion occurs; item XII. is addressed next. The motion was made by Councilwoman Jennifer Webster and supported by Vice-Chairman Brandon Steven; the item was then tabled. Later in the meeting, after the item was taken from the table, the previous motion made by Councilwoman Jennifer Webster was still pending, and then voted on. Due to the departure of the Chairman, Vice-Chairman Brandon Stevens had assumed the responsibilities of the Chair at the time of the vote. 1 Oneida Business Committee Regular Meeting Minutes Page 10 of 14 January 08, 2020 Public Packet 26 of 254 DRAFT F. Enter the e-poll results into the record regarding the transfer of UWGB Basketball Tickets and Parking Passes to Joint Marketing (02:56:24) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to enter the e-poll results into the record regarding the transfer of UWGB Basketball Tickets and Parking Passes to Joint Marketing, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen G. Approve a limited waiver of sovereign immunity - Brown County-Human Services Department documents - file # 2019-1129 (02:56:50) Sponsor: Motion by Lisa Summers to approve a limited waiver of sovereign immunity - Brown County-Human Services Department documents - file # 2019-1129, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen Motion by Jennifer Webster to recess at 11:31 a.m. until 11:45 a.m., seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen Chairman Tehassi Hill left at 11:31 a.m. Vice-Chairman Brandon Stevens assumes the responsibilites of the Chair. Called to order by Vice-Chairman Brandon Stevens at 11:46 a.m. Roll call for the record: Present: Councilman David P. Jordan; Treasurer Trish King; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa Summers; Councilwoman Jennifer Webster; Not Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman Kirby Metoxen; Oneida Business Committee Regular Meeting Minutes Page 11 of 14 January 08, 2020 Public Packet 27 of 254 DRAFT XI. EXECUTIVE SESSION A. REPORTS 1. Accept the Chief Counsel report (03:01:15) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Kirby Metoxen Motion by Lisa Summers to adopt resolution 01-08-20-D Support For H.R. 1964 Of The 116th Congress, “To Provide For The Recognition Of The Lumbee Tribe Of North Carolina, And For Other Purposes” and to move that resolution into open session, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen 2. Accept the General Manager report (03:02:00) Sponsor: Debbie Thundercloud, General Manager Motion by Lisa Summers to delete the General Manager report from the agenda, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen B. UNFINISHED BUSINESS 1. File # 2019-CC-01 a. Review proposed transition plan (03:02:17) Motion by Lisa Summers to defer file # 2019-CC-01 to the February 12, 2020, regular Business Committee meeting agenda, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen] Excerpt from December 11, 2019: Motion by Lisa Summers to defer item X.D.3. File # 2019-CC-01, subsections a. Review proposed Transition plan and b. Determine next steps regarding vacancies, to the January 8, 2020, regular Business Committee meeting agenda, seconded by Jennifer Webster. Motion carried. Excerpt from September 25, 2019: (1) Motion by Lisa Summers to terminate the appointment of Floyd Wayne Silas Jr. on the Oneida Powwow Committee pursuant to §105.7-4 and post the vacancy, seconded by Kirby Metoxen. Motion carried. (2) Motion by David P. Jordan to direct the General Manager to amend the recommendations provided regarding file # 2019-CC-01 and to bring back a transition plan proposal no later than the December 11, 2019, regular Business Committee meeting, seconded by Lisa Summers. Motion carried. Oneida Business Committee Regular Meeting Minutes Page 12 of 14 January 08, 2020 Public Packet 28 of 254 DRAFT b. Determine next steps regarding vacancies (03:02:17) Motion by Lisa Summers to defer file # 2019-CC-01 to the February 12, 2020, regular Business Committee meeting agenda, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen Excerpt from December 11, 2019: Motion by Lisa Summers to defer item X.D.3. File # 2019-CC-01, subsections a. Review proposed Transition plan and b. Determine next steps regarding vacancies, to the January 8, 2020, regular Business Committee meeting agenda, seconded by Jennifer Webster. Motion carried. Excerpt from October 9, 2019: Motion by Lisa Summers to defer this item to the December 11, 2019, regular Business Committee meeting, noting the General Manager will have a transition plan submitted to the Business Committee by this date, as previously directed, seconded by Kirby Metoxen. Motion carried. C. NEW BUSINESS 1. Review application(s) for one (1) vacancy - Oneida Nation Arts Board (03:02:45) Sponsor: Lisa Summers, Secretary Motion by Ernie Stevens III to accept the discussion regarding the application(s) for one (1) vacancy for the Oneida Nation Arts Board as information, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen 2. Review application(s) for eight (8) alternate vacancies - Oneida Election Board Sponsor: Lisa Summers, Secretary Item deleted at the adoption of the agenda. 3. Review application(s) for ten (10) ad hoc vacancies - Oneida Election Board (03:03:26) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to accept the discussion regarding the application(s) for ten (10) ad hoc vacancies for the Oneida Election Board as information, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 13 of 14 January 08, 2020 Public Packet 29 of 254 DRAFT 4. Enter the e-poll results into the record regarding the approved attorney contract - Oneida Law Office staff attorney - file # 2019-1404 (03:03:55) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to enter the e-poll results into the record regarding the approved attorney contract for the Oneida Law Office staff attorney - file # 2019-1404, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen 5. Enter the e-poll results into the record regarding the approved recommendation of litigation counsel, option #1, in the December 13, 2019, email correspondence (03:04:15) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to enter the e-poll results into the record regarding the approved recommendation of litigation counsel, option #1, in the December 13, 2019, e-mail correspondence, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen Item X.E. is re-addressed next. XII. ADJOURN (03:08:15) Motion by David P. Jordan to adjourn at 11:54 a.m., seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, Tehassi Hill, Kirby Metoxen Minutes prepared by Lisa Liggins, Information Management Specialist Minutes approved as presented on . Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 14 of 14 January 08, 2020 Public Packet 30 of 254 Adopt resolution entitled Modifying the Oneida Business Committee Regular Meeting Schedule Business Committee Agenda Request 1. Meeting Date Requested: 01/22/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☐ Minutes ☐ Fiscal Impact Statement ☐ Report ☐ Other: Describe ☒ Resolution ☒ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Summers, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 31 of 254 Business Committee Agenda Request – Cover Memo From: Lisa Liggins, Information Management Specialit/BC Support Office Date: 1/18/2020 RE: Proposed resolution to change OBC meeting schedule PURPOSE Business Committee action is needed in order to change the current regular meeting schedule. BACKGROUND Article III, Section 3 of the Tribal Constitution provides that “Regular meetings of the Business Committee may be established by resolution of the Business Committee.” The most recent resolution, # 9-27-17-D, added four (4) quarterly meetings to be held on Thursdays for the purpose of addressing quarterly reports. At the December 2019, BC Work Session the attached chart showing the attendance was reviewed and the BC determine the separate meeting for quarterly reports was no longer needed; reports would be added to their regular meeting agenda. REQUESTED ACTION Adopt resolution entitled Modifying the Oneida Business Committee Regular Meeting Schedule Page 1 of 1 Public Packet 32 of 254 Quarterly Report Meeting Public Attendance from “Others Present” section of the meeting minutes 2017 Quarter 1 3 Quarter 2 4 Quarter 3 1 Quarter 4 0 Quarter 1 1 Quarter 2 0 Quarter 3 0 Quarter 4 0 Quarter 1 0 Quarter 2 0 Quarter 3 0 Quarter 4 1 2018 2019 Public Packet Oneida Nation 33 of 254 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # 09-27-17-D Oneida Business Committee Regular Meeting Schedule for Quarterly Reports WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, Article III, Section 3 of the Tribal Constitution provides that “Regular meetings of the Business Committee may be established by resolution of the Business Committee,”; and WHEREAS, with the passage of BC Resolution 7-7-87-A, the Business Committee established a regular meeting schedule to meet of each Tuesday, at 1:30 p.m., and each Friday, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 3-25-88-B, the Business Committee modified the regular meeting schedule to meet each Friday, at 9:00 a.m., and held informational meetings the first Monday each month, at 7:00 p.m.; and WHEREAS, with the passage of BC Resolution 4-26-91-A, the Business Committee modified the regular meeting schedule to meet each week on Wednesday, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 2-11-04-A, the Business Committee modified the regular meeting schedule to meet every other week on Wednesday, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 12-10-08-A, the Business Committee modified the regular meeting schedule to meet every second and fourth Wednesday each month, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 06-23-10-E, the Business Committee modified the regular meeting schedule to include executive discussion meetings every second and fourth Tuesday of the month, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 11-23-16-C, the Business Committee modified the regular meeting schedule to meet every second and fourth Tuesday of the month at 8:30 a.m. for executive discussion meetings, and to meeting every second and fourth Wednesday of the month at 8:30 a.m. for regular meetings; and WHEREAS, with the passage of BC Resolution 12-27-16-A, the Business Committee modified the regular meeting schedule to meet every second and fourth Wednesday of each month at 8:30 a.m., and for the purpose of addressing quarterly reports, to meet the fourth Thursday of January, April, July, and October at 8:00 a.m.; and Public Packet 34 of 254 BC Resolution # 09-27-17-D Oneida Business Committee Regular Meeting Schedule for Quarterly Reports Page 2 of 2 WHEREAS, the Business Committee has determined an additional regular meeting is required on a quarterly basis for the purpose of addressing quarterly reports from Boards, Committees and Commissions, Corporate Boards, and Standing Committees of the Business Committee; and WHEREAS, Oneida Nation Corporate Boards provided feedback from the 2017 quarterly meeting schedule, and indicated additional time was needed for financials to be prepared; and WHEREAS, the Business Committee has determined this change would better serve the membership of the Oneida Nation and the Business Committee; and NOW THEREFORE BE IT FURTHER RESOLVED, for the purpose of addressing quarterly reports, regular meetings of the Oneida Business Committee shall be held the Thursday at 8:00 a.m. after the second regularly scheduled Business Committee meetings of February, May, August, and November, starting on March 1, 2018. BE IT FINALLY RESOLVED, this resolution shall supersede all prior motions, practices or resolutions, in particular BC Resolutions 12-10-08-A, 06-23-10-E, 11-23-16-C, and 12-27-16-A regarding the subject of regular meetings of the Oneida Business Committee. CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members were present at a meeting duly called, noticed and held on the 27th day of September, 2017; that the forgoing resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0 members not voting; and that said resolution has not been rescinded or amended in any way. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee *According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie." Public Packet 35 of 254 Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 BC Resolution # ___________ Modifying the Oneida Business Committee Regular Meeting Schedule WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, Article III, Section 3 of the Tribal Constitution provides that “Regular meetings of the Business Committee may be established by resolution of the Business Committee,”; and WHEREAS, with the passage of BC Resolution 7-7-87-A, the Business Committee established a regular meeting schedule to meet of each Tuesday, at 1:30 p.m., and each Friday, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 3-25-88-B, the Business Committee modified the regular meeting schedule to meet each Friday, at 9:00 a.m., and held informational meetings the first Monday each month, at 7:00 p.m.; and WHEREAS, with the passage of BC Resolution 4-26-91-A, the Business Committee modified the regular meeting schedule to meet each week on Wednesday, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 2-11-04-A, the Business Committee modified the regular meeting schedule to meet every other week on Wednesday, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 12-10-08-A, the Business Committee modified the regular meeting schedule to meet every second and fourth Wednesday each month, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 06-23-10-E, the Business Committee modified the regular meeting schedule to include executive discussion meetings every second and fourth Tuesday of the month, at 9:00 a.m.; and WHEREAS, with the passage of BC Resolution 11-23-16-C, the Business Committee modified the regular meeting schedule to meet every second and fourth Tuesday of the month at 8:30 a.m. for executive discussion meetings, and to meeting every second and fourth Wednesday of the month at 8:30 a.m. for regular meetings; and Public Packet 36 of 254 BC Resolution # _______ Modifying the Oneida Business Committee Regular Meeting Schedule Page 2 of 2 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 WHEREAS, with the passage of BC Resolution 12-27-16-A, the Business Committee modified the regular meeting schedule to meet every second and fourth Wednesday of each month at 8:30 a.m., and for the purpose of addressing quarterly reports, to meet the fourth Thursday of January, April, July, and October at 8:00 a.m.; and WHEREAS, with the passage of BC Resolution 9-27-17-D, the Business Committee modified the regular meeting schedule for quarterly reports to meet the fourth Thursday of February, May, August, and November at 8:00 a.m.; and WHEREAS, the Business Committee has determined that holding a separate regular meeting for the sole purpose of addressing quarterly reports has not garnered additional public attendance/participation as originally intended; and WHEREAS, the Business Committee has determined eliminating the separate regular meeting for the purpose of addressing quarterly reports would better serve the membership of the Oneida Nation and the Business Committee. NOW THEREFORE BE IT FURTHER RESOLVED, for the purpose of addressing quarterly reports, regular meetings of the Oneida Business Committee shall be eliminated immediately; BE IT FURTHER RESOLVED, executive discussion meetings of the Oneida Business Committee shall be held every second and fourth Tuesday each month, at 8:30 a.m.; BE IT FURTHER RESOLVED, regular meetings of the Oneida Business Committee shall be held every second and fourth Wednesday each month, at 8:30 a.m.; BE IT FINALLY RESOLVED, this resolution shall supersede all prior motions, practices or resolutions, in particular BC Resolutions 12-10-08-A, 06-23-10-E, 11-23-16-C, 12-27-16-A, and 09-27-17-D regarding the subject of regular meetings of the Oneida Business Committee. Public Packet 37 of 254 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Resolution: Modifying the Oneida Business Committee Regular Meeting Schedule Summary This resolution modifies the Oneida Business Committee (“OBC”) regular meeting schedule by eliminating the need to hold separate regular meetings of the OBC for the sole purpose of addressing quarterly reports from the Nation’s boards, committees and commissions, corporate boards, and standing committees of the OBC. Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office Date: January 14, 2020 Analysis by the Legislative Reference Office Article III, Section 3 of the Constitution of the Oneida Nation states [r]egular meetings of the Business Committee may be established by resolution of the Business Committee. Currently, the Oneida Business Committee (“OBC”) holds regular meetings on the fourth Thursday of February, May, August and November, beginning at 8:00 a.m., for quarterly reports. [BC-9-27-17-D]. In addition, it holds executive discussion meetings every second and fourth Tuesday of each month, beginning at 8:30 a.m., and regular meetings every second and fourth Wednesday of each month, beginning at 8:30 a.m. [BC-11-23-16-C]. In 2016, the OBC decided to hold the above-referenced quarterly meetings, separate from its other regular meetings, to solely address quarterly reports submitted by the Nation’s boards, committees and commissions, corporate boards, and standing committees of the OBC. [BC-12-27-16-A]. The OBC added the meetings to try to increase public attendance and participation. With the passage of resolution BC-9-27-17-D, the OBC modified the initial quarterly meeting schedule from the fourth Thursday in January, April, July and October at 8:00 a.m. to the schedule currently set. The OBC has now determined that holding a separate regular meeting for the sole purpose of addressing quarterly reports has not garnered additional public attendance or participation as originally intended and that eliminating the meetings would better service the membership of the Oneida Nation and the Oneida Business Committee. This resolution would eliminate the need to hold such quarterly meetings, effective immediately. This resolution also reiterates that executive discussion meetings of the OBC shall be held every second and fourth Tuesday of each month, beginning at 8:30 a.m., and that regular meetings of the OBC shall be held every second and fourth Wednesday of each month, beginning at 8:30 a.m. Lastly, this resolution specifies that it shall supersede all prior motions, practices or resolutions, in particular, resolutions BC-12-10-08-A, BC-06-23-10-E, BC-11-23-16-C, BC-12-27-16-A and BC-09-27-17-D regarding the subject of regular meetings of the Oneida Business Committee. Page 1 of 2 Public Packet 38 of 254 Conclusion Adoption of this Resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 39 of 254  Adopt resolution entitled Real Property Law Emergency Amendments   /  /                                      Public Packet 40 of 254 Public Packet 41 of 254 Public Packet Oneida Nation 42 of 254 Post Office Box 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # ________________ Real Property Law Emergency Amendments WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Real Property law (“the Law”) was adopted by the Oneida Business through resolution BC-5-29-96-A and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15C, BC-05-13-15-B and BC-02-08-17-A, BC-05-09-18-A; and WHEREAS, the Law provides regulations and procedures for the transfer, control and management of the territory within the Reservation and all Tribal land; to integrate these regulations and procedures with the real property laws and practices of other federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish licensing and certification requirements for the Nation’s employees dealing with real property transactions; and WHEREAS, the Law provides that the Oneida Land Commission shall approve or deny all acquisitions of Tribal land, and that Land Management shall process land acquisition transactions as approved by the Oneida Land Commission; and WHEREAS, the Law does not delegate rulemaking authority to the Oneida Land Commission or Land Management to develop rules addressing land acquisitions; and WHEREAS, the Administrative Rulemaking law provides that any entity of the Nation that has been granted rulemaking authority by a law of the Nation may promulgate rules interpreting the provisions of a law enforced or administered by it, provided that the rule does not exceed the rulemaking authority granted under the law for which the rule is being promulgated; and WHEREAS, the Oneida Land Commission and Land Management desire to develop a rule under the Law to address the acquisition of land, but the lack of a delegation of authority to develop rules regarding land acquisitions means the process of administrative rulemaking as provided by the Administrative Rulemaking law cannot be used by the Oneida Land Commission or Land Management for this issue; and WHEREAS, an emergency amendment to the Law to provide a delegation of rulemaking authority to address land acquisitions is being sought in an effort to ensure transparency, opportunity for community input, and oversight that the administrative rulemaking process provides; and Public Packet 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 43 of 254 BC Resolution _____________ Real Property Law Emergency Amendments Page 2 of 2 WHEREAS, the delegation of rulemaking authority is also being sought to mirror and be consistent with rules for the Homeownership through Independent Purchase (HIP) Program and the Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT) Program currently being developed by the Oneida Land Commission and Land Management under the Leasing law; and WHEREAS, the HIP and THRIFTT programs rely upon the acquisition power and processing of the Oneida Land Commission and Land Management, so since the acquisition component is an essential part of the process for HIP and THRIFTT, it is desired that the land acquisition process also be codified as a rule; and WHEREAS, the emergency amendment to the Law adds a provision which provides that the Comprehensive Housing Division, Oneida Land Commission, and Land Management are delegated rulemaking authority as needed to exercise the authority granted and manage the responsibilities bestowed upon each area as identified in this law; and WHEREAS, the Legislative Procedures Act authorizes the Oneida Business Committee to enact legislation on an emergency basis, to be in effect for a period of six (6) months, renewable for an additional six (6) months; and WHEREAS, emergency adoption of legislation is allowed when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the amendment of the legislation is required sooner than would be possible under the Legislative Procedures Act; and WHEREAS, the emergency adoption of these amendments to the Law are necessary for the preservation of the general welfare of the Reservation population in order to ensure that homeownership and land acquisition strategies related to the HIP and THRIFTT programs are not jeopardized by allowing immediate updates to the program processing and required component that authorizes land acquisitions; and WHEREAS, observance of the requirements under the Legislative Procedures Act for adoption of this amendment would be contrary to public interest; and WHEREAS, the Legislative Procedures Act does not require a public meeting or fiscal impact statement when considering emergency legislation; and NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Real Property law are hereby adopted on an emergency basis and shall become effective immediately. Public Packet 44 of 254 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Real Property Law Emergency Amendments Summary This resolution adopts an emergency amendment to the Real Property law which would add a provision which provides that the Comprehensive Housing Division, Oneida Land Commission, and Land Management are delegated rulemaking authority as needed to exercise the authority granted and manage the responsibilities bestowed upon each area as identified in this law Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: January 10, 2020 Analysis by the Legislative Reference Office This resolution adopts emergency amendments to the Real Property law (“the Law”). The purpose of the Law is to provide regulations and procedures for the transfer, control and management of the territory within the Reservation and all Tribal land; to integrate these regulations and procedures with the real property laws and practices of other federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish licensing and certification requirements for the Nation’s employees dealing with real property transactions. The emergency amendment to the Law would add a provision which provides that the Comprehensive Housing Division, Oneida Land Commission, and Land Management are delegated rulemaking authority as needed to exercise the authority granted and manage the responsibilities bestowed upon each area as identified in this law. This is an effort to delegate rulemaking authority to the Oneida Land Commission and Land Management for the development of rules addressing the acquisition of land. The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency action where it is “necessary for the immediate preservation of the public health, safety or general welfare of the reservation population” and when “enactment or amendment of legislation is required sooner than would be possible under the Legislative Procedures Act.” [1 O.C. 109.9-5]. The Oneida Business Committee will be responsible for determining if the emergency standard provided by the LPA is met. The resolution provides that an emergency amendment to the Law is necessary for the preservation of the general welfare of the Reservation population in order to ensure that the homeownership and land acquisition strategies related to the Homeownership through Independent Purchase (HIP) Program and the Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT) Program are not jeopardized by allowing for immediate updates to the program processing and required component that authorizes land acquisitions. Additionally, the resolution provides that observance of the requirements under the LPA for adoption of this amendment would be contrary to public interest. Page 1 of 2 Public Packet 45 of 254 The emergency amendments to the Law will take effect immediately upon adoption by the Oneida Business Committee. The emergency amendments will remain effective for six (6) months, with the possibility to extend for an additional six (6) months, or until the emergency amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)]. Conclusion Determination of an emergency is a decision of the Oneida Business Committee based on the authority granted in the Legislative Procedures Act. Upon a determination that an emergency exists, adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 46 of 254 Analysis to Emergency Draft 1 2020 01 15 Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t# (The real/certain laws of the territory of the nation) EMERGENCY AMENDMENTS TO REAL PROPERTY LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY REQUESTER: Oneida Law Office Intent of the Proposed Amendments SPONSOR: DRAFTER: ANALYST: TBD Clorissa N. Santiago Brandon Wisneski To expand administrative rulemaking authority delegated to the Comprehensive Housing Division, Oneida Land Commission and Land Management to exercise their authority and manage responsibilities identified in the Real Property law. Purpose To provide regulations and procedures for the transfer, control and management of the territory within the Reservation and all Tribal land; to integrate these regulations and procedures with the real property laws and practices of other federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish licensing and certification requirements for the Nation’s employees dealing with real property transactions [6 O.C. 601.1-1]. Comprehensive Housing Division, Oneida Land Commission and Oneida Land Management. Administrative Rulemaking law, Leasing law, Mortgage and Foreclosure law, Landlord-Tenant law, Eviction and Termination law. A public meeting is not required for emergency legislation [1 O.C. 109.8-1(b) and 9-5(a)]. A fiscal impact statement is not required for emergency legislation [1 O.C. 109.9-5(a)]. Emergency amendments expire six (6) months after adoption and may be renewed for one additional six (6) month period. Affected Entities Related Legislation Public Meeting Fiscal Impact Expiration of Emergency Amendments 1 2 3 4 5 6 7 8 9 10 11 SECTION 2. LEGISLATIVE DEVELOPMENT A. The Real Property law was first adopted on May 29, 1996 and most recently amended on May 9, 2018. The law provides the regulations and procedures for the transfer, control and management of the territory within the Reservation and all Tribal land. The current Real Property law delegates authority to the Comprehensive Housing Division, Oneida Land Commission and Oneida Land Management to develop rules regarding certain topics, such as probate, easements and selling property. B. Real Property Law Rule #1 – HIP Program became effective on February 22, 2016. The Homeownership by Independent Purchase (HIP) Program allows tribal members to initiate a purchase in which the buyer purchases the improvements (i.e., the house) while the Nation purchases the land. The purpose of the HIP Program is to increase homeownership among members of the Nation while increasing the Nation’s land base. Page 1 of 4 Public Packet 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 47 of 254 Analysis to Emergency Draft 1 2020 01 15 C. The Nation wishes to update the HIP Program and establish a Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT) Program to further increase homebuying and land acquisition opportunities. The relevant agencies wish to pursue this by amending current rules and/or establishing additional rules under the Real Property law and the Leasing law. D. Upon a review of the Real Property law’s delegation of rulemaking authority, the Legislative Reference Office determined that the agencies lack sufficient authority to develop rules regarding land acquisition under this law. In order to proceed with the proposed rules, the agencies’ administrative rulemaking authority must be expanded. E. The Legislative Operating Committee, in consultation with the Law Office, proposes to expand the agencies’ administrative rulemaking authority on an emergency basis in order to proceed with the update of these programs. The Oneida Business Committee is responsible for determining if the standard for an emergency in accordance with the Legislative Procedures Act (LPA) has been met. SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the development of this law and legislative analysis: Oneida Law Office. B. The following laws were reviewed in the drafting of this analysis: Administrative Rulemaking law, Leasing law, Mortgage and Foreclosure law, Landlord-Tenant law, and Eviction and Termination law. SECTION 4. PROCESS A. These amendments are being considered on an emergency basis. Emergency amendments expire six (6) months after adoption and may be renewed for one additional six (6) month period. The Oneida Business Committee may temporarily enact an emergency law “where legislation is necessary for the immediate preservation of public health, safety, or general welfare of the reservation population and enactment or amendment of legislation is required sooner than would be possible under this law” [1 O.C. 109.9-5]. B. The LPA does not require a public meeting or fiscal impact statement when considering emergency legislation. However, a public meeting and fiscal impact statement will eventually be required when considering permanent adoption of these amendments. C. At the time this analysis was drafted, the LOC will consider adding these emergency amendments to the Active Files List on January 15, 2020. D. The following work meetings were held regarding the development of these emergency amendments and legislative analysis:  December 12, 2019: Work meeting with Oneida Law Office. SECTION 5. CONTENTS OF THE LEGISLATION A. Expansion of Administrative Rulemaking Authority. The emergency amendments delegate expanded administrative rulemaking authority to the Comprehensive Housing Division, Oneida Land Commission and Land Management “as needed to exercise the authority granted and manage the responsibilities bestowed upon each area as identified in [the Real Property law]” [6 O.C. 601.12-4]. This can be interpreted as granting broad authority to these agencies to develop rules for any provision of the Real Property law. For example, the Real Property law includes provisions on the following subjects:  Holding of Ownership; Page 2 of 4 Public Packet 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 48 of 254 Analysis to Emergency Draft 1 2020 01 15        Legal Descriptions of Real Property transferred under this law; Title Transfer, including Trust Acquisition, Deeds and Involuntary Transfer of Title; Probate; Leasing of Real Property; Records, including the administration of the Oneida Register of Deeds; Real Estate Education Requirements and Certifications; Organization, including the duties and responsibilities of Comprehensive Housing Division, Oneida Land Commission, and Land Management. Although these amendments expand the agencies’ authority, any rules proposed by these entities must go through the Administrative Rulemaking process, which requires public hearings, certification by the Legislative Operating Committee and adoption by the Oneida Business Committee. Table 1. Comparison: Rulemaking Authority in the Real Property law Proposed Rulemaking Authority Agency Current Rulemaking Authority under Real under Real Property Law Property Law Comprehensive Housing Rules regarding: “as needed to exercise the authority Division and manage the  Selling a Residential granted responsibilities bestowed upon Property [601.12-1] each area as identified in [the Real Property law]” “as needed to exercise the authority Oneida Land Management Rules regarding: granted and manage the  Probate [601.8-1]  Easements for Landlocked responsibilities bestowed upon each area as identified in [the Real Properties [601.7-3(e)]  Easement and Land Use Property law]” Licenses [601.12-3] “as needed to exercise the authority Oneida Land Commission Rules regarding: granted and manage the  Probate [601.8-1]  Selling a Residential responsibilities bestowed upon each area as identified in [the Real Property [601.12-1]  Easements for Landlocked Property law]” Properties [601.7-3(e)]  Easement and Land Use Licenses [601.12-3] *This table does not include any additional rulemaking authority delegated to these agencies by other laws of the Nation, such as the Leasing law, Landlord-Tenant law, or Mortgage and Foreclosure law. Page 3 of 4 Public Packet 49 of 254 Analysis to Emergency Draft 1 2020 01 15 What Is Rulemaking? The purpose of the Administrative Rulemaking law is to provide a process for the adoption and amendment of administrative rules. Rules interpret provisions of a law. In order to write a rule, an agency must be delegated rulemaking authority by a law of the Nation. The rule may not exceed the rulemaking authority granted under the law for which the rule is being created. All proposed rules must receive a public meeting and public comment period. Then, the proposed rule must be certified by the LOC and adopted by the Oneida Business Committee before becoming effective. Rules adopted in accordance with the Administrative Rulemaking law have the same force and effect as the law which delegated the agency rulemaking authority. 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 SECTION 6. EXISTING LEGISLATION A. References to Other Laws. The following laws of the Nation are referenced in the Real Property law. The proposed amendments do not conflict with any of the referenced laws.  Mortgage and Foreclosure law [6 O.C. 601.7-3(b) and 12-1].  Leasing law [6 O.C. 601.9-1, 10-2(i), 12-1, 12-2(c) and 12-3(c)].  Landlord-Tenant law [6 O.C. 601.10-2(j) and 12-1].  Eviction and Termination law [6 O.C. 601.12-1 and 12-3(c)].  Tribal Use of Public Land law [6 O.C. 601.12-2(e)]. SECTION 7. OTHER CONSIDERATIONS A. Deadline for Permanent Adoption of Amendments. The emergency amendments will expire six months after adoption and may be renewed for one additional six (6) month period. Since the amendments will lead to the development of new rules, it is particularly important that the amendments are permanently adopted to avoid any future conflict between the law and future rules.  Conclusion: The LOC will need to develop and adopt permanent amendments to this law within the next six (6) to twelve (12) months. B. Consideration of Additional Amendments. The emergency amendments are limited solely to the delegation of rulemaking authority to the Comprehensive Housing Division, Oneida Land Commission and Land Management. However, there may be other areas of the law that could benefit from further amendments.  Conclusion: During development of permanent amendments to this law, the LOC should consult with relevant agencies to identify any additional amendments. C. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except emergency legislation [1 O.C. 109.6-1]. Page 4 of 4 Public Packet 50 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 Title 6. Property and Land – Chapter 601 REAL PROPERTY Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t# The real/certain laws of the territory of the nation REAL PROPERTY 601.1. 601.2. 601.3. 601.4. 601.5. 601.6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Purpose and Policy Adoption, Amendment, Repeal Definitions General Provisions Holding of Ownership Legal Descriptions 601.7. 601.8. 601.9. 601.10. 601.11. 601.12. Title Transfer Probate Leasing of Real Property Records Real Estate Education Requirements and Certifications Organization 601.1. Purpose and Policy 601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the transfer, control and management of the territory within the Reservation and all Tribal land; to integrate these regulations and procedures with the real property laws and practices of other federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish licensing and certification requirements for the Nation’s employees dealing with real property transactions. 601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for persons purchasing and/or managing real property on behalf of the Nation and/or within the Reservation and to provide real property holder’s rights and responsibilities. In addition, it is the Nation’s policy that probated estates shall be settled expeditiously and without undue delay. 601.2. Adoption, Amendment, Repeal 601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B and BC-02-08-17-A and, BC-05-09-18-A., and emergency amended by BC-__-__-__-__. 601.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 601.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 601.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. Provided that, the Land Ordinance is applicable only to valid land assignments existing as of January 1, 2016 and is hereby repealed upon the expiration of the last existing land assignment. 601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 601.3. Definitions 601.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense, subject to 601.4-5. (a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or rental of real property on behalf of others for a fee. (b) “Certified survey map” means a map which provides the legal description of real property and is officially filed and approved by the county, Tribal or municipal governments. (c) “Comprehensive Housing Division” means the division within the Nation under the direction of the Comprehensive Housing Division Director which consists of all residential 6 O.C. 601 – Page 1 Public Packet 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 51 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 services offered by the Nation, including but not limited to, all rental programs, the rentto-own program, and the residential sales and mortgages programs. (d) “Easement” means a real property right to cross or otherwise utilize the land of another for a specified purpose. (e) “Estate” means a person’s interest in real property or other property. (f) “Fiduciary” means a person required to act for the benefit of another person on all matters within the scope of their relationship and by such a relationship owes another duties of good faith, trust, confidence and candor. For the purposes of this law, both brokers and salespersons are “fiduciaries.” (g) “Guardian ad litem” means a guardian appointed by the Judiciary on behalf of an incompetent or minor party. (h) “Individual fee land” means real property held in fee status by an individual or group of individuals. (i) “Individual trust land” means individual Tribal land held in trust by the United States of America for the benefit of a Tribal member. (j) “Judiciary” means the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of the Nation. (k) “Land Management” means the entity within the Nation responsible for maintaining the Oneida Nation Register of Deeds, entering into and administering agricultural and commercial leases on behalf of the Nation, processing trust transactions and land acquisition transactions, and for fulfilling other responsibilities as identified within this law. (l) “Land use license” means an agreement entered into by the Nation providing a party the right to occupy and/or utilize a specified piece of Tribal land for a specific purpose and a specific duration, which may require the Nation to be compensated for such use. (m) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the lessee to a lender or other mortgagee. (n) “Nation” means the Oneida Nation. (o) “Personal representative” means a person to whom authority to administer a decedent’s estate have been granted by Land Management or the Judiciary. (p) “Probate” or “Administration” means any proceeding relating to a decedent’s estate, whether there is or is not a will. (q) “Real property” means land and anything growing on, attached to, or erected on the land, excluding anything that may be severed without injury to the land. (r) “Reservation” means all the property within the exterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal law. (s) “Restricted fee status” means an interest in real property which includes a provision in the deed or will that, upon the happening or failure to happen of a certain event, the title of the purchaser or devisee shall be limited, enlarged, changed or terminated. (t) “Rule” means a set of requirements, including fee schedules, enacted by the Comprehensive Housing Division, Land Management, Oneida Planning Department and/or the Oneida Land Commission in accordance with the Administrative Rulemaking law, based on authority delegated in this law in order to implement, interpret and/or enforce this law. 6 O.C. 601 – Page 2 Public Packet 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 52 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 (u) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of Indian Affairs system for maintaining and tracking land title documents and all legal documents relating to land transactions. (v) “Title status report” means a report issued by the Bureau of Indian Affairs after a title examination which shows the proper legal description of a tract of Tribal land; current ownership, including any applicable conditions, exceptions, restrictions or encumbrances on records; and whether the land is in unrestricted, restricted, trust, or other status as indicated by the records in a Land Titles and Records Office. (w) “Tribal fee land” means land held in fee status by the Nation. (x) “Tribal land” means Tribal fee land and Tribal trust land. (y) “Tribal member” means an individual who is an enrolled member of the Nation. (z) “Tribal trust land” means the surface estate of land or any interest therein held by the United States in trust for the Nation; land held by the Nation subject to federal restrictions against alienation or encumbrance; land reserved for federal purposes; and/or land held by the United States in trust for the Nation under Section 17 of the Indian Reorganization Act, 25 U.S.C §477, et. seq. 601.4. General Provisions 601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s individual fee land and Tribal member’s individual trust land within the Reservation boundaries and all Tribal land. 601.4-2. Tribal Land Base. Land Management shall administer all transactions which add real property to the Tribal land base under the provisions of this law. 601.4-3. Sale of Tribal Land Prohibited. The sale of Tribal land is specifically prohibited by this law, unless the intent of the transaction is the consolidation or partition of Tribal trust land and/or individual trust land. 601.4-4. New Land Assignments Prohibited. The Nation may not acknowledge any new land assignments. Further, in order to be eligible for a Tribal loan issued against a real property interest held as a land assignment, the land assignment shall first be converted to a residential lease. 601.4-5. Wisconsin Probate Code and its Related Chapters. In instances where the Nation lacks definition, procedure, or legal precedent in a probate matter, the Nation shall use Wisconsin’s Probate Code and its related chapters for guidance. 601.4-6. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the Wisconsin Real Property law when acquiring individual fee land. 601.4-7. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of the Nation’s sovereign immunity. 601.5. Holding of Ownership 601.5-1. Interests in real property by more than one (1) person may be held in the following ways: (a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism each owner has an equal, undivided interest in the real property. When an owner dies, his/her share is divided among the remaining owners; the last living owner owns the entire property. (1) Real property owned by married persons is held under this mechanism unless they have executed a valid marital property agreement specifically stating that the real property in question is held as tenants in common. 6 O.C. 601 – Page 3 Public Packet 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 53 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 (b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a percentage of divided interest in the real property. When an owner dies, his/her interest is divided among his/her devisees or heirs. (1) Real property owned by more than one (1) person, other than married persons, is owned under this mechanism unless a deed or transfer document specifically states the real property is held as joint tenants with rights of survivorship. 601.6. Legal Descriptions 601.6-1. The legal description for any real property transferred under this law shall be derived from a certified survey map or survey completed by a registered land surveyor according to currently accepted minimum industry standards for property surveys. If the plat of survey changes the legal description of the certified survey map for the same piece of property, the certified survey map’s legal description shall be used on transfer documents along with the survey description, which shall be designated as “Also Known As ...” Section, township, range and fourth principal meridian shall be included in all legal descriptions. 601.6-2. Every land survey shall be made in accordance with the county register of deeds’ records for fee land, and in accordance with the Oneida Nation Register of Deeds’ records for Tribal trust lands and individual trust lands. The surveyor shall acquire data necessary to retrace record title boundaries such as deeds, maps, certificates of title, title status reports, Tribal leases, Tribal home purchase agreements, center line and other boundary line locations. 601.6-3. Legal descriptions defining land boundaries shall be complete, providing unequivocal identification of line or boundaries. 601.6-4. All surveys prepared for the Nation shall comply with survey requirements outlined in the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and encroachments, as applicable. 601.6-5. Legal descriptions shall be used on transfer documents formalizing a purchase, real estate sale, lease, foreclosure, probate transfer, trust acquisition and Tribal resolutions. 601.6-6. When real estate is listed, noticed and/or advertised as available for sale, rent or lease to Tribal members, the address is an adequate legal description of the real property. 601.7. Title Transfer 601.7-1. Trust Acquisition. Land Management shall use title companies duly registered with the Department of Interior and approved by the Land Management to update abstracts or provide title insurance on real property scheduled for trust acquisition. (a) Title companies shall follow general guidelines provided by the federal government in terms of form, content, period of search, destroyed or lost records and abstracter’s certificate. (b) When researching land title for real property within the Reservation which is being considered for trust acquisition, Land Management shall request the title company to search the title back to the original allottee, in order to ensure that patents or Indian deeds were legally issued. (c) Any valid liens or encumbrances shown by the commitment for title insurance shall be eliminated before the title is transferred into trust. (d) After land is in trust both a title search of county records and a title status report requested by Land Management from the Bureau of Indian Affairs shall verify all valid encumbrances, if any, on the title. For the purposes of this section, a valid encumbrance is one that has been preapproved, in writing, by Land Management based on a standard operating procedure that is effective upon approval by the Oneida Land Commission. 6 O.C. 601 – Page 4 Public Packet 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 54 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 (e) Land Management applications to convert Tribal fee land into Tribal trust land require an Oneida Land Commission resolution approving the conversion. 601.7-2. Deeds. A deed is the formal document used by the Land Management to transfer title from one (1) party to another. (a) A valid deed shall: (1) Be in writing; (2) Identify the grantor (seller) and grantee (buyer); (3) Provide the legal description of the real property; (4) Identify the interest conveyed, as well as any conditions, reservations, exceptions, or rights of way attached to the interest; (5) Be signed by or on behalf of each of the grantors (sellers); (6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if applicable; and (7) Be delivered to the grantee (buyer). (b) In addition to the requirements listed in section 601.7-2(a), a deed prepared for trust acquisition shall include: (1) The federal authority for trust acquisition; (2) Any exceptions or exclusions from the State of Wisconsin’s fees or other transfer requirements; (3) The approximate acreage of the real property being transferred to trust; and (4) The authority and signature of the appropriate Department of Interior official who accepts the real property into trust. (c) A deed transferring fee simple title shall be recorded in the appropriate register of deeds office, provided that, once the real property is in trust, the title shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles and Records Office. 601.7-3. Involuntary Transfer of Title. All involuntary transfers of title require a hearing and order from the Judiciary, and may occur in the following ways: (a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire Tribal member individual fee land within the Reservation for public uses without the consent of private owners. (1) For the purposes of this section, public uses include, but are not limited to, environmental protection, streets, highways, sanitary sewers, public utility/sites, waste treatment facilities and public housing. (2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate an agreeable taking by making an offer to purchase based on an appraisal of the real property. The appraisal amount may be based on an appraisal provided by the Nation. In the event the property owner objects to the Nation’s appraisal, they may obtain an independent appraisal at their own cost. For the purposes of this section, an appraisal means process for estimating a piece of real property’s value. (3) The Nation’s exercise of eminent domain may be appealed to the Judiciary. (b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law when a Tribal member ceases payment on a leasehold mortgage. (c) Tribal Land Consolidation. Section 207 of the Indian Land Consolidation Act (Pub.L. No. 97-459, 96 Stat. 2515, and amended on October 30, 1984 by Pub.L. No. 98-608, 98 Stat. 3171) is incorporated into this law, which provides a mechanism for real property within the Reservation to escheat, or pass, to the Nation. 6 O.C. 601 – Page 5 Public Packet 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 55 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 (1) Pursuant to section 207 of the Indian Land Consolidation Act, an ownership interest in real property escheats, or passes, to the Nation under the following circumstances, provided that the Nation shall provide just compensation for the interest: (A) The real property is within the Reservation boundaries; (B) The decedent’s ownership in the given parcel of land is two percent (2%) or less of the total acreage; and (C) The interest is incapable of earning one hundred dollars ($100) in any one (1) of the five (5) years immediately following the decedent’s death. (2) A decedent’s heirs may appeal a land consolidation under this section to the Judiciary. (3) Land consolidation is subject to the probate requirements, as included in this law and accompanying rules. (d) Transferring Interests Inherited by Non-Tribal Members. If the owner of an interest of real property which is held in trust or restricted fee status located within the Reservation devises such interest to a non-Tribal member, the Nation may acquire the interest by paying the fair market value of the interest determined as of the date of the decedent’s death. Such transfer is effective upon receipt of an order transferring inherited interests from the Judiciary pursuant to section 205 of the Indian Land Consolidation Act. (1) An order transferring inherited interests may not be granted if: (A) While the decedent’s estate is pending, the non-Indian devisee denounces his or her interest in favor of a Tribal member person; (B) The interest is part of a family farm that is devised to a member of the immediate family of the decedent, provided that such a restriction shall be recorded as part of the deed relating to the interest involved; or (C) The devisee agrees in writing that the Nation may acquire the interest for fair market value only if the interest is offered for sale to a person or entity that is not a member of the immediate family of the owner of the interest. (e) Easements for Landlocked Properties. Land Management and the Oneida Land Commission shall jointly develop rules regarding requests for easements for landlocked properties. 601.7-4. Land Management shall work with the Oneida Law Office in order to pursue an involuntary transfer of title. 601.8. Probate 601.8-1. Land Management shall process and administer probate estates and, where necessary, shall refer probate estates to the Oneida Judiciary for formal administration. Land Management and the Oneida Land Commission shall jointly create any rules necessary to administer probate estates. Land Management shall: (a) Process applications for probate administration; (b) Receive proof of heirship demonstrating a party is entitled to receive an intestate decedent’s property pursuant to applicable laws and rules; (c) Receive consent to serve forms and in undisputed matters, issue domiciliary letters; (d) Require and receive affidavits of service; (e) Receive waiver and consent to probate administration forms and any related affidavits; (f) Issue notice to creditors of the probate’s administration, receive creditor claims for consideration and settlement, and issue discharge of creditors when appropriate; 6 O.C. 601 – Page 6 Public Packet 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 56 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 (g) Receive and process all estate inventories; (h) Receive and process, when possible, land transactions in accordance with this law and receive proof of recording documents; (i) Receive estate receipts; (j) In undisputed matters, receive and process statement of personal representative to close estate and issue discharge of personal representative; and (k) Refer disputed matters to the Judiciary, transfer probate and related documents, and participate in the Judiciary’s proceedings as necessary. 601.8-2. The Judiciary shall hear and administer disputed probate estates or matters requiring appointment of a guardian ad litem and shall have all the above powers conferred upon Land Management in such cases. In addition, the Judiciary shall hear and administer probate estates in which Land Management seeks appointment as a personal representative. 601.9. Leasing of Real Property 601.9-1. In accordance with the Leasing law, Land Management shall administer and process all leasing of Tribal land for agricultural and commercial purposes and the Comprehensive Housing Division shall administer and process all leasing of Tribal land for residential purposes. The Leasing law definition of Tribal land does not include Tribal fee land; however, pursuant to this law, the responsible parties designated herein shall administer and process leases of both Tribal fee land and Tribal trust land in accordance with the Leasing law. 601.10. Records 601.10-1. Purpose. Land Management shall oversee the administration of the Oneida Nation Register of Deeds which shall accept and record documents related to real property located within the Reservation, as well as documents related to all Tribal fee land, regardless of where it is located. 601.10-2. Types of Records. The Oneida Nation Register of Deeds may only accept documents that provide evidence of activities affecting real property title, preserve the record of a title document and give constructive notice of changes to a title document. Further, such documents shall be originals, signed duplicates or certified copies. The following documents may be accepted by the Oneida Nation Register of Deeds. (a) Deeds; (b) Probate orders; (c) Mortgages and other valid liens; (d) Easements, covenants, and restrictions; (e) Certified survey maps and plats of survey; (f) Patents; (g) Declarations of involuntary transfer or taking; (h) Satisfactions; (i) Leases made pursuant to the Leasing law; (j) Home ownership agreements made pursuant to the Landlord-Tenant law; (k) Marriage agreements; and (l) Correction of title defects. 601.10-3. Accessibility. The Oneida Nation Register of Deeds shall provide open access to land records and title documents. 601.10-4. Trust Land. All documents pertaining to Tribal trust land and individual trust land shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles and Records Office. 6 O.C. 601 – Page 7 Public Packet 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 57 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 601.10-5. Tribal Seal. The Nation’s Secretary shall provide Land Management with the Nation’s seal to be used to authenticate documents which are certified by the Oneida Nation Register of Deeds. 601.11. Real Estate Education Requirements and Certifications 601.11-1. Wisconsin Real Estate Education and Exam Required. All persons engaging in the acquisition of Tribal fee land on behalf of the Nation, specifically those performing real estate closings, shall pass the Wisconsin Real Estate License Exam. Such persons are not required to obtain a Wisconsin Real Estate License, but shall fulfill the pre-license education requirement, pass the licensing exam and fulfill a minimum of twelve (12) hours or four (4) courses of continuing education requirements as required of Wisconsin real estate licensees. The Land Management director shall select which continuing education courses are required and the Oneida Law Office shall provide the director with a recommendation. In addition to Wisconsin’s minimum education requirements as applied to the Nation’s real estate employees in this law, Land Management shall require such employees to attend real estate training specific to the Nation’s goals and unique positions as the Oneida Law Office shall offer on an as-needed basis. (a) While Wisconsin real estate law allows persons engaged in the sale of real estate to earn a commission, persons acquiring Tribal fee land on behalf of the Nation are regular employees of the Nation and, therefore, shall waive any commission for which they might otherwise be eligible. (b) It is critical to the Oneida Nation’s goal to reacquire property within the original Reservation boundaries to have employees educated and experienced in executing real estate transactions. Accordingly, Land Management shall employ a minimum of one (1) employee whose primary focus is real estate acquisitions and shall ensure that a minimum of two (2) employees are educated and trained as backups to the primary. 601.11-2. TAAMS Certification Required. All persons responsible for encoding leasing information shall obtain a TAAMS certification, which includes, but is not limited to, the following positions: (a) Residential and Commercial Leasing Specialists; (b) Land Title and Trust Manager; and (c) Title Examiner. 601.11-3. Fiduciary Responsibility. All persons engaged in the buying or selling of Tribal land shall, at all times, act as a fiduciary to the Nation. Further, all such persons shall comply with all applicable Tribal and federal laws. 601.12. Organization 601.12-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee all residential transactions within the Reservation and shall process and administer such transactions using the applicable of the Landlord-Tenant law, the Mortgage and Foreclosure law, the Leasing law and/or the Eviction and Termination law; including any corresponding rules. In addition, the Oneida Land Commission and the Comprehensive Housing Division shall exercise joint rulemaking authority to provide process requirements, including but not limited to advertising, notice, prequalification, and selection, that apply in all circumstances when the Nation is selling a residential property. 601.12-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7) elected Tribal members and shall: (a) Interpret the provisions of this law and create policy to guide Land Management in implementing the same; 6 O.C. 601 – Page 8 Public Packet 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 58 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 (b) Approve or deny all easements and land use licenses; (c) Review and adopt Land Management’s standard operating procedures for entering into agriculture and commercial leases pursuant to the Leasing law; (d) Approve or deny all acquisition of Tribal land; (e) Allocate and assign land uses to all Tribal land, except those uses governed by the Public Use of Tribal Land law, based on the Land Use Technical Unit rules which the Oneida Planning Department shall develop in collaboration with affected Oneida divisions and departments and the Oneida Land Commission; and (f) Name all buildings, roads, parks and the like on Tribal land. 601.12-3. Land Management. Land Management shall implement this law in accordance with the policy directives provided by the Oneida Land Commission. Land Management shall: (a) Forward requests for easements and land use licenses to the Oneida Land Commission based on the easement and land use license rules jointly developed by Land Management and the Oneida Land Commission; (b) Administer and oversee the Oneida Nation Register of Deeds; (c) Enter into and administer agricultural and commercial leases pursuant to the Leasing law and the Eviction and Termination law and any corresponding rules; (d) Prepare title reports and process trust transactions; and (e) Process land acquisition transactions as approved by the Oneida Land Commission. 601.12-4. Administrative Rulemaking Authority. The Comprehensive Housing Division, Oneida Land Commission, and Land Management are delegated rulemaking authority as needed to exercise the authority granted and manage the responsibilities bestowed upon each area as identified in this law. End. Adopted-BC-05-29-96-A Amended-BC-03-01-06-D Amended-BC-04-28-10-E Amended-BC-02-25-15-C Amended-BC-05-13-15-B Amended-BC-02-08-17-A Emergency Amendment-Amended - BC-06-14-17-A Amended-BC-05-09-18-A Emergency Amended – BC-__-__-__-__ 6 O.C. 601 – Page 9 Public Packet 59 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 Title 6. Property and Land – Chapter 601 Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t# The real/certain laws of the territory of the nation REAL PROPERTY 601.1. 601.2. 601.3. 601.4. 601.5. 601.6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Purpose and Policy Adoption, Amendment, Repeal Definitions General Provisions Holding of Ownership Legal Descriptions 601.7. 601.8. 601.9. 601.10. 601.11. 601.12. Title Transfer Probate Leasing of Real Property Records Real Estate Education Requirements and Certifications Organization 601.1. Purpose and Policy 601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the transfer, control and management of the territory within the Reservation and all Tribal land; to integrate these regulations and procedures with the real property laws and practices of other federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish licensing and certification requirements for the Nation’s employees dealing with real property transactions. 601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for persons purchasing and/or managing real property on behalf of the Nation and/or within the Reservation and to provide real property holder’s rights and responsibilities. In addition, it is the Nation’s policy that probated estates shall be settled expeditiously and without undue delay. 601.2. Adoption, Amendment, Repeal 601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B and BC-02-08-17-A, BC-05-09-18-A, and emergency amended by BC-__-__-__-__. 601.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 601.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 601.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. Provided that, the Land Ordinance is applicable only to valid land assignments existing as of January 1, 2016 and is hereby repealed upon the expiration of the last existing land assignment. 601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 601.3. Definitions 601.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense, subject to 601.4-5. (a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or rental of real property on behalf of others for a fee. (b) “Certified survey map” means a map which provides the legal description of real property and is officially filed and approved by the county, Tribal or municipal governments. (c) “Comprehensive Housing Division” means the division within the Nation under the direction of the Comprehensive Housing Division Director which consists of all residential 6 O.C. 601 – Page 1 Public Packet 60 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 services offered by the Nation, including but not limited to, all rental programs, the rentto-own program, and the residential sales and mortgages programs. (d) “Easement” means a real property right to cross or otherwise utilize the land of another for a specified purpose. (e) “Estate” means a person’s interest in real property or other property. (f) “Fiduciary” means a person required to act for the benefit of another person on all matters within the scope of their relationship and by such a relationship owes another duties of good faith, trust, confidence and candor. For the purposes of this law, both brokers and salespersons are “fiduciaries.” (g) “Guardian ad litem” means a guardian appointed by the Judiciary on behalf of an incompetent or minor party. (h) “Individual fee land” means real property held in fee status by an individual or group of individuals. (i) “Individual trust land” means individual Tribal land held in trust by the United States of America for the benefit of a Tribal member. (j) “Judiciary” means the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of the Nation. (k) “Land Management” means the entity within the Nation responsible for maintaining the Oneida Nation Register of Deeds, entering into and administering agricultural and commercial leases on behalf of the Nation, processing trust transactions and land acquisition transactions, and for fulfilling other responsibilities as identified within this law. (l) “Land use license” means an agreement entered into by the Nation providing a party the right to occupy and/or utilize a specified piece of Tribal land for a specific purpose and a specific duration, which may require the Nation to be compensated for such use. (m) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the lessee to a lender or other mortgagee. (n) “Nation” means the Oneida Nation. (o) “Personal representative” means a person to whom authority to administer a decedent’s estate have been granted by Land Management or the Judiciary. (p) “Probate” or “Administration” means any proceeding relating to a decedent’s estate, whether there is or is not a will. (q) “Real property” means land and anything growing on, attached to, or erected on the land, excluding anything that may be severed without injury to the land. (r) “Reservation” means all the property within the exterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal law. (s) “Restricted fee status” means an interest in real property which includes a provision in the deed or will that, upon the happening or failure to happen of a certain event, the title of the purchaser or devisee shall be limited, enlarged, changed or terminated. (t) “Rule” means a set of requirements, including fee schedules, enacted by the Comprehensive Housing Division, Land Management, Oneida Planning Department and/or the Oneida Land Commission in accordance with the Administrative Rulemaking law, based on authority delegated in this law in order to implement, interpret and/or enforce this law. 6 O.C. 601 – Page 2 Public Packet 61 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 (u) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of Indian Affairs system for maintaining and tracking land title documents and all legal documents relating to land transactions. (v) “Title status report” means a report issued by the Bureau of Indian Affairs after a title examination which shows the proper legal description of a tract of Tribal land; current ownership, including any applicable conditions, exceptions, restrictions or encumbrances on records; and whether the land is in unrestricted, restricted, trust, or other status as indicated by the records in a Land Titles and Records Office. (w) “Tribal fee land” means land held in fee status by the Nation. (x) “Tribal land” means Tribal fee land and Tribal trust land. (y) “Tribal member” means an individual who is an enrolled member of the Nation. (z) “Tribal trust land” means the surface estate of land or any interest therein held by the United States in trust for the Nation; land held by the Nation subject to federal restrictions against alienation or encumbrance; land reserved for federal purposes; and/or land held by the United States in trust for the Nation under Section 17 of the Indian Reorganization Act, 25 U.S.C §477, et. seq. 601.4. General Provisions 601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s individual fee land and Tribal member’s individual trust land within the Reservation boundaries and all Tribal land. 601.4-2. Tribal Land Base. Land Management shall administer all transactions which add real property to the Tribal land base under the provisions of this law. 601.4-3. Sale of Tribal Land Prohibited. The sale of Tribal land is specifically prohibited by this law, unless the intent of the transaction is the consolidation or partition of Tribal trust land and/or individual trust land. 601.4-4. New Land Assignments Prohibited. The Nation may not acknowledge any new land assignments. Further, in order to be eligible for a Tribal loan issued against a real property interest held as a land assignment, the land assignment shall first be converted to a residential lease. 601.4-5. Wisconsin Probate Code and its Related Chapters. In instances where the Nation lacks definition, procedure, or legal precedent in a probate matter, the Nation shall use Wisconsin’s Probate Code and its related chapters for guidance. 601.4-6. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the Wisconsin Real Property law when acquiring individual fee land. 601.4-7. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of the Nation’s sovereign immunity. 601.5. Holding of Ownership 601.5-1. Interests in real property by more than one (1) person may be held in the following ways: (a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism each owner has an equal, undivided interest in the real property. When an owner dies, his/her share is divided among the remaining owners; the last living owner owns the entire property. (1) Real property owned by married persons is held under this mechanism unless they have executed a valid marital property agreement specifically stating that the real property in question is held as tenants in common. 6 O.C. 601 – Page 3 Public Packet 62 of 254 Draft 1 Emergency Amendments for OBC Consideration 2020 01 22 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Abf2f709969f47b48. Public record. Not legal advice.